Legal Information

Copyright & Image Protection

Copyright & Image ProtectionCopyrights

Title (possession) of and copyright to all products shall remain with the Photographer. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.

Permission is herby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.

The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer’s subcontractors. If purchasing Hi-Resolution images on CD/DVD, Clients will be given a written release to make personal copies of images from CDs or DVDs. The client understands the images given on CD/DVD cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.

Creative License

Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.

Watermarks on Photos

All images shared on social media sites, emailed, or downloaded directly from our website will be displayed with a watermark. The watermark is to protect the intellectual property of Ashley Nostalgia.

You may obtain digital copies of your images online (some include copyright releases while others do not).  Obtaining the original digital image allows you to share, print, and upload your photo(s) without the watermark.

Photo Release / Copyright Release

The Photo release from Ashley Nostalgia (if purchased) allows you to have the images printed and/or duplicated on your own at your will and your expense.  We include the photo release with many of our digital images.

Right Click to Save

Right click to save has been disabled on the website as to further protect the intellectual property of the Ashley Nostalgia.

Online Photo Policies

Online Photo Policy
When will photos show online

Photos will usually appear online within 24 hours of the time the photos were taken; however, events beyond our control may prevent or delay the time it takes for images to show online. 

Length of Time Photos are Online.

Photos are generally online for a minimum of 30 days from the date the photos were taken. Some photos will be removed before then to make room for new events.

Who May I contact if my images do not appear online?

Ashley Nostalgia will make every reasonable effort to have our customers’ images online in a timely manner; however, events beyond our control may prevent or delay the time it takes for images to show online. Our online image service is not guaranteed to work for every customer. Images may not be available if they were taken 90 or more days earlier. If your photo does not appear online within three (3) business days of the time it was taken, please send a support request

Multiple Images show online?

In the instance of front gate photos, there may be multiple images that appear online with the same group number.  Your image may not appear as the large image in the middle, however, if you scroll to the bottom and look at the thumbnail images, your image may be one of those images. Simply click on the thumbnail image and your image will become the large image in the center of the screen.

In other instances, it is possible the group numbers got mixed up, in which case, please contact us and we will attempt to locate the correct password for you.  This does not indicate a security or privacy compromise, rather a systematic error in which additional coaching may be necessary.  Your personal information is not tied to your images online.

Can I request my images be removed from the website or not uploaded at all? 

You may request that your images not be uploaded to the website; however this must be declared at the time you are taking your photos in the studio.  If the images are taken and uploaded for web, submit a support request to our customer care team and we will have your images removed.  Removal may take up to one week from the time of your request as the request will have to be queued for the cloud server.  

Is Purchase Required for images to show online

In many instances, yes – a purchase is required for your images to show online.  The exception is front gate photo operations.  Because of the volume of individuals that visit amusement parks on a daily basis, we do not require a purchase for front gate photos to show on our online site. This may apply to some events as well.

Privacy Policy

Privacy Policy

What information do we collect?

We collect information from you when you register on our site, subscribe to our newsletter, respond to a survey or fill out a form.

When ordering or registering on our site, as appropriate, you may be asked to enter your: name or e-mail address. You may, however, visit certain portions of our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

• To personalize your experience (your information helps us to better respond to your individual needs)
• To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
• To administer a contest, promotion, survey or other site feature
• To send periodic emails
• The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information

We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

As part of the California Online Privacy Protection Act, all users of our site who have an account with us may make any changes to their information at anytime by logging into their account and click on the “Settings” button.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline or through third-party websites, such as Paypal.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.

Your Consent

By using our site, you consent to our online privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Web: http://www.ashleynostalgia.com.com/contact-us-2/
Email support@ashleynostalgia.com

Website Terms of Use

Terms of Use

Agreement between user and Nostalgia
Welcome to Ashley Nostalgia. The http://ashleynostalgia.com website (the “Site”) is comprised of various web pages operated by Ashley Nostalgia – An Old Time Photo and Costume Company (“Ashley Nostalgia”). http://ashleynostalgia.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://ashleynostalgia.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

http://ashleynostalgia.com is a News and Information Site
Ashley Nostalgia informs our customers about news and information related to the retail end of our company. This includes information related to sales, promotions, events, and upcoming changes at our locations.

Privacy
Your use of http://ashleynostalgia.com is subject to Ashley Nostalgia’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting http://ashleynostalgia.com or sending emails to Ashley Nostalgia constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ashley Nostalgia is not responsible for third party access to your account that results from theft or misappropriation of your account. Ashley Nostalgia and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Ashley Nostalgia does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://ashleynostalgia.com only with permission of a parent or guardian.

Cancellation/Refund Policy
If you are not satisfied with the work, please contact our office and open a support ticket with our customer service representatives. We do require you to send back all original prints to 105 N. 3rd Street, Midlothian, TX 76065; however, we have options to refund, replace, or reshoot the photographs in the event a change is needed. Please contact us at support@ashleynostalgia.com with any questions.

Links to third party sites/Third party services
http://ashleynostalgia.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Ashley Nostalgia and Ashley Nostalgia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ashley Nostalgia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ashley Nostalgia of the site or any association with its operators.

Certain services made available via http://ashleynostalgia.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://ashleynostalgia.com domain, you hereby acknowledge and consent that Ashley Nostalgia may share such information and data with any third party with whom Ashley Nostalgia has a contractual relationship to provide the requested product, service or functionality on behalf of http://ashleynostalgia.com users and customers.

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use http://ashleynostalgia.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Ashley Nostalgia that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Ashley Nostalgia or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Ashley Nostalgia content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ashley Nostalgia and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ashley Nostalgia or our licensors except as expressly authorized by these Terms.

Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Ashley Nostalgia has no obligation to monitor the Communication Services. However, Ashley Nostalgia reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Ashley Nostalgia reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Ashley Nostalgia reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ashley Nostalgia’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Ashley Nostalgia does not control or endorse the content, messages or information found in any Communication Service and, therefore, Ashley Nostalgia specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Ashley Nostalgia spokespersons, and their views do not necessarily reflect those of Ashley Nostalgia.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to http://ashleynostalgia.com or posted on any Ashley Nostalgia web page
Ashley Nostalgia does not claim ownership of the materials you provide to http://ashleynostalgia.com (including feedback and suggestions) or post, upload, input or submit to any Ashley Nostalgia Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Ashley Nostalgia, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Ashley Nostalgia is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ashley Nostalgia’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts
You will be able to connect your Ashley Nostalgia account to third party accounts. By connecting your Ashley Nostalgia account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users
The Service is controlled, operated and administered by Ashley Nostalgia from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ashley Nostalgia Content accessed through http://ashleynostalgia.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Ashley Nostalgia, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ashley Nostalgia reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ashley Nostalgia in asserting any available defenses.

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ASHLEY NOSTALGIA – AN OLD TIME PHOTO AND COSTUME COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ASHLEY NOSTALGIA – AN OLD TIME PHOTO AND COSTUME COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ASHLEY NOSTALGIA – AN OLD TIME PHOTO AND COSTUME COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASHLEY NOSTALGIA – AN OLD TIME PHOTO AND COSTUME COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASHLEY NOSTALGIA – AN OLD TIME PHOTO AND COSTUME COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction
Ashley Nostalgia reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ashley Nostalgia as a result of this agreement or use of the Site. Ashley Nostalgia’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ashley Nostalgia’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ashley Nostalgia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ashley Nostalgia with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ashley Nostalgia with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Ashley Nostalgia reserves the right, in its sole discretion, to change the Terms under which http://ashleynostalgia.com is offered. The most current version of the Terms will supersede all previous versions. Ashley Nostalgia encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Ashley Nostalgia welcomes your questions or comments regarding the Terms:

Ashley Nostalgia – An Old Time Photo and Costume Company
105 North 3rd Street
Midlothian, Texas 76065

Email Address:
support@ashleynostalgia.com

Telephone number:
(972) 723-5071

Effective as of December 01, 2016